Superior Court of Delaware, 1919

Clark v. Wilmington Trust Co.

Superior Court of Delaware · Decided March 25, 1919 · Boyce

30 Del. 287; 7 Boyce 287; 105 A. 834; 1919 Del. LEXIS 26

Counsel

Robert Adair for plaintiff, who was granted leave to withdraw from the case., David J. Reinhardt for defendants.

Opinion of the Court

Boyce, J:

Your suggestion is a very proper one. Ordinarily in an action upon a replevin bond no question can be tried which could and ought to have been tried and determined in the replevin suit. Harmon v. Collins, 2 Pennewill 36, 45 Atl. 541. Let a jury be drawn.

Testimony for the defendants was submitted to the jury and they fomid for the defendants for one hundred and thirty-eight dollars and two cents.

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